😀
Real Property • Landlord-Tenant
PROP#081
Legal Definition
A landlord warrants that neither the landlord nor a paramount title holder will interfere with the tenant's quiet enjoyment and possession of the property.
Plain English Explanation
When you lease a property, you have made an agreement with a landlord that says, "This land is exclusively yours to enjoy for the entire period of your lease." This promise is known as "quiet enjoyment." It doesn't mean "quiet" as in sound, it means "quiet" as in "peaceful enjoyment."
What can ruin peaceful enjoyment? A common example is someone kicking you off the land. In other words, when someone who has more of a legal right to the property than you decides to kick you out (evict you) before your lease is finished, your "quiet enjoyment" has been violated and your landlord has breached this duty. Likewise, if circumstances force you off your land, there has been a breach of this duty.
There are three types of eviction that we will cover in other cards: (1) actual eviction; (2) partial eviction; and (3) constructive eviction. Any of these is sufficient to breach the duty to provide quiet enjoyment.
What can ruin peaceful enjoyment? A common example is someone kicking you off the land. In other words, when someone who has more of a legal right to the property than you decides to kick you out (evict you) before your lease is finished, your "quiet enjoyment" has been violated and your landlord has breached this duty. Likewise, if circumstances force you off your land, there has been a breach of this duty.
There are three types of eviction that we will cover in other cards: (1) actual eviction; (2) partial eviction; and (3) constructive eviction. Any of these is sufficient to breach the duty to provide quiet enjoyment.
Visual Aids
Related Concepts
How do lease covenants affect a landlord-tenant relationship where one party breaches?
How may a landlord waive a covenant prohibiting assignment?
If a leasehold is condemned or taken via eminent domain, what is the effect on a tenant's duty to pay rent?
If an assignment occurs, what is the relationship between the assignee and the landlord?
If a tenant breaches one or more of their duties, what remedies are available to the landlord?
If a tenant violates a covenant against assignment or sublease, what remedies are available to the landlord?
In a landlord-tenant relationship, who has a duty of restoration when the premises being leased are destroyed due to no fault of either party?
In assessing a landlord's tort liability, what six duties does a landlord have to make the premises safe?
In assessing a landlord-tenant issue, what is an assignment?
In assessing a landlord-tenant relationship, what are the landlord's duties?
In assessing a landlord-tenant relationship, what are the tenant's duties?
In assessing a landlord-tenant relationship, what is the result of a tenant's covenant to repair?
What are the exceptions to the hold-over doctrine?
What constitutes a constructive eviction?
What constitutes an actual eviction?
What constitutes a partial eviction?
What is a landlord's duty to deliver possession?
What is a landlord's duty to repair?
What is a leasehold estate?
What is a periodic tenancy and how does it terminate?
What is a retaliatory eviction?
What is a sublease?
What is a tenancy at sufferance and how does it terminate?
What is a tenancy at will and how does it terminate?
What is a tenancy for years and how does it terminate?
What is a tenant's duty to not use the premises for an illegal purpose?
What is a tenant's duty to pay rent, and how does it affect their security deposit?
What is a tenant's duty to repair?
What is the hold-over doctrine?
What is the implied warranty of habitability, and what remedies are available to the tenant if breached?
When does a covenant run with the land?
When does a tenant cause ameliorative waste?
When does a tenant cause permissive waste?
When does a tenant cause voluntary waste?
